Letter to County Clerk (order to stop auction)
Letter sent to the county clerk and sheriff on the eve of my property’s “auction”. Including this for the group to see the argument of no consideration / no loss / no contract / no remedy / no jurisdiction in action.
To whom it may concern,
I am writing to alert you to a serious legal issue concerning the foreclosure and potential auction of my home at (redacted), initiated by Alliant Credit Union. If the county proceeds with this auction, it will be complicit in a fraudulent act of theft, facilitated by a system of usury that the banks themselves benefit from at the expense of homeowners like myself.
The fundamental issue here is that banks, including Alliant Credit Union, lend money that they do not actually possess. This "money" is essentially created from nothing—backed by no real assets or value. They then charge interest on these fabricated loans, which ensures that the borrower is required to pay back far more than was initially "lent." This is the core of usury: the bank takes no risk, provides no real value, and yet extracts wealth from homeowners through a cycle that guarantees financial hardship, if not bankruptcy.
In my case, Alliant Credit Union cannot even prove any actual loss in this transaction, because the debt they are attempting to collect is based on an illusion. Foreclosure and auction, therefore, are not remedies for a legitimate loss—they are a theft of my property. This entire process is not about recovering a legitimate loss, but rather about executing a fraudulent transfer under the guise of legal action.
Should Elbert County proceed with this foreclosure, you will be facilitating the theft of my home and participation in this broader scheme of financial fraud. Furthermore, unless I am convinced by evidence that this action is lawful, I do not grant you or anyone else the right to auction my house or buy it and will not honor any action taken in those regards. Anyone who attempts under false pretenses to act in a deleterious or harmful manner against me will be punishable by law and / or my own defense of my person and property which I may freely exercise by right. Therefore, I urge you to reconsider what you are doing, stop this unlawful sale from occurring, and remove this property from your auction listing.
Thank you for your immediate attention to this matter.
Response:
Good morning, Mr. Moore,
While I understand your frustration and concerns, the Public Trustee’s office is the facilitator of the foreclosure process. We are governed by Colorado State Statutes when it comes to processing foreclosure procedures, and are directed by the foreclosing attorney. The Public Trustee’s office does not start the foreclosure process.
Based on the terms of your promissory note and deed of trust that you signed would determine amount to be paid including interest rate. The District Court signed the order authorizing sale to the Public Trustee to proceed with the sale.
The bid was received from Alliant Credit Union through their attorney by the statutory deadline, so we must proceed with the sale. If they decide to postpone the sale, our office will be contacted.
Hopefully, you have been in contact with your mortgage company regarding the default. I have attached the order authorizing sale, deed of trust and note we received for this property. The reason for default as submitted by the foreclosing attorney is "Failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof."
I’m happy to answer any further questions you may have.
Have a great day!
Sincerely,
Sheryl (Sherry) L. Hewlett
Elbert County Treasurer/Public Trustee
P.O. Box 67
Kiowa, CO 80117
(303) 621-3118
sherry.hewlett@elbertcounty-
Response:
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